How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jim Reilly Your Own Question
Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
Type Your Criminal Law Question Here...
Jim Reilly is online now
A new question is answered every 9 seconds

my husband got arrested in a parking lot while trying to find

Customer Question

my husband got arrested in a parking lot while trying to find his car some lady started screaming that he keyed her car,she approached him and asked him why did he do husband answer her with''get out of here lady you have no idea what you are talikng about. she called cop and the cop believe he is on bail. he has no records,60 years old,disable.he has a legal aid now. court has been adjourned 6 times already.he got charged with 3rd degree felony and it was just droped to 4th degree,all becaused she said she saw him,he doesnt know this lady never had a problem with her etc. i explained to the cops that i saw it thru the glass door him walking by her car with his hands in his pocket not even stopping by her car,the cops told me i wasnt good fro a witness i was too far from the scene she had no witness but the cop said yes its scratched they checck his keys it had no paint on it.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 7 years ago.

Dear JACUSTOMER - The only thing your husband can do is have a trial and defend himself. If there was no paint detected on his keys it would seem that it would be his word against the lady's as to what happened and that may net be enough to convict him. He definitely needs to have an attorney and if he can't afford an attorney the court will appoint one.


He should plead not guilty and ask the court for an attorney. It does no good to try to talk to the police or prosecutor once the charges have been filed so tell him to get a lawyer and plead not guilty.


Dave Kennett

Customer: replied 7 years ago.
Relist: Inaccurate answer.
he knows he is going to trial and he has a public defender already
Expert:  Jim Reilly replied 7 years ago.
HelloCustomerand welcome to JustAnswer. I see that you relisted your question, but have to say that I'm not clear on what aspect of Mr. Kennett's answer you found inaccurate, other than his suggestion that your husband get an attorney when he already has one.

You should advise his public defender of what you saw, though of course your testimony will carry less weight than that of an unrelated third party would carry. The PD can use your statement in his efforts to either get the DA to drop the charges, reach some acceptable disposition or defend against the case at trial.

Mr. Kennett is correct that this will otherwise be your husband's word against this woman's. If the cops examined his key and found no paint residue -- and particularly if they seized the key so that it could be forensically examined -- that should help show that he did not key the car.

From what you have said, there does not appear to be any other issue to be raised at trial or in trying to resolve the case without a trial. If you have some other specific question, please let me know and I will try to help. Otherwise, I suggest that you accept Mr. Kennett's answer, as it correctly addressed the only issues your comments suggested (and you really didn't ask any specific question otherwise).